You must be at least 18 (eighteen) years of age and be able to form legally binding contracts to use the IOCŪ Realty Specialist Inc. (hereinafter called "IOCŪ") web pages, resources, features, and services available from the domain and subdomains of IOCŪ.com (the IOCŪ Service & Trademarks). You hereby represent and warrant that you are at least 18 years of age, that you have the right, capacity, and authority to form legally binding contracts, and that you will use the IOCŪ Service only in a manner that is consistent with its intended use and with all laws, regulations, and IOCŪ policies.
2)Subscriber Subscribership or Licensee
To use most of the features and web pages on the IOCŪ Service you must first signup to become a IOCŪ Service Advertiser or Licensee Member hereinafter called (Member). The IOCŪ Service has several Subscribership levels, including Basic Members and Premier Members. You may become a Basic Member of the IOCŪ Service at no cost. Basic Members have the ability to participate in some, but not all, of the features and services available through the IOCŪ Service. Basic Members may be allowed to use some additional features on a per-transaction basis by paying a fee as determined by IOCŪ in its sole discretion. Premier Members pay a regular fee to use the IOCŪ Service and have access to additional features and services not available to Basic Members. By accessing or viewing the IOCŪ Service or any IOCŪ web page, or by becoming a Member, you agree to be bound by all of the terms and conditions set forth in this Terms of Service Agreement (the Agreement).
Signing up requires you to provide certain information about the property and yourself to IOCŪ. This information includes, but is not limited to, your name, e-mail address, your business background, the proprty information, and information about how you plan to use the IOCŪ Service. You agree to provide true, accurate, complete, and current information. Although IOCŪ assumes no independent obligation to verify such information, if you provide any information that IOCŪ suspects in IOCŪs sole discretion, or knows to be, untrue, inaccurate, or incomplete, IOCŪ has the right to suspend or terminate your account or take any other action that IOCŪ deems necessary to protect the integrity of the IOCŪ Service.
5) Content Posted by You
You are solely responsible for any and all messages, information, communications, transmissions, postings, opportunities, member profiles, questions, advertisements, or any other information of any type (hereinafter referred to as Content), that you provide, submit, enter, publish, display, or send (hereinafter referred to as post) to the IOCŪ Service, to any IOCŪ web site, or to any Member. You hereby represent and warrant that you will not provide any information to IOCŪ, the IOCŪ Service, or any Member, that is false, inaccurate, misleading, or deceptive. Further, if any information that you have previously provided becomes false, inaccurate, misleading, or deceptive, you agree that you will promptly correct such information.
When you post any Content to the IOCŪ Service or to any IOCŪ web site, you automatically grant, and you represent and warrant that you have the right to grant, to IOCŪ, an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable through multiple tiers, worldwide right to use, copy, display, promote, perform, publicly perform, publicly display, and distribute such Content and to create derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses thereof.
The IOCŪ Service and IOCŪ web sites have a variety of areas where you can submit feedback. Any feedback that you submit on the IOCŪ Service or any IOCŪ web site becomes our property, and we may use such feedback (i.e. success stories or comments) for purposes including, but not limited to, marketing, to improve or modify the IOCŪ Service or our business, or to contact you for further information.
8) Member Account Security
You are responsible for maintaining the confidentiality of the password that you designate during the signup process and you are fully responsible for any and all activities that occur under your Member-id and password, whether or not authorized by you. You agree to immediately notify IOCŪ of any unauthorized use of your Member-id and password, or the IOCŪ Service. In addition, you will signout after each use of the IOCŪ Service. Please use a high level of caution when using public or shared computers or networks. IOCŪ can not and will not be responsible for any loss or damage arising from your failure to comply with this section.
9) Subscriber Subscribership or Licensee Conduct
You agree that you will use the IOCŪ Service only for its intended purpose and you will not use the IOCŪ Service for any dishonest, immoral, illegal, or harmful purpose. Further, you agree that you will not post any Content that is inaccurate, deceitful, dishonest, unlawful, harmful to persons or computer systems, threatening, abusive, vulgar, libelous, obscene, hateful, or otherwise objectionable. You also agree that you will not attempt to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity. You further agree that you are solely responsible for your actions, posts, communications, and Content. IOCŪ does not control the Content posted to the IOCŪ Service and as such, does not guarantee the accuracy, integrity, or quality of any such Content. In addition, you expressly agree that under absolutely no circumstances will IOCŪ be liable in any way for any Content, including but not limited to, any error or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise distributed through the IOCŪ Service.
10) License to Use IOCŪ
IOCŪ authorizes you to view and access the IOCŪ Service for your personal use only. You may not use any data mining, robots, or similar data gathering/extraction tools on the IOCŪ Service or on any IOCŪ web site. You may not attempt to gain unauthorized access to the IOCŪ Service. Further, you may not frame any portion of the IOCŪ Service and you may not reproduce, reprint, copy, publicly display, store, broadcast, transmit, modify, translate, port, sublicense, assign, transfer, loan, sell, publicize, or create derivative works from the IOCŪ Service, or any portion thereof without our prior written consent.
11) Dealings with Advertisers
When you do business with, correspond with, or participate in any promotions of, any advertisers found on or through the IOCŪ Service, you accept, agree, and acknowledge that such business dealings, including the payment and delivery of goods or services, and any and all other representations, warranties, terms, and conditions are solely between you and such advertiser. You agree that IOCŪ shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any such dealings or as the result of the presence of such advertisers on the IOCŪ Service.
You acknowledge that when you use the IOCŪ service, your communications will be sent through IOCŪs computer networks. As a result of IOCŪs network structure, IOCŪs business practices, the network structure and business practices of our internet service providers, the network structure and business practices of your internet service provider, and a variety of other factors, as well as the general nature of electronic communications, communications that seem to be intrastate in nature can result in the transmission of interstate communications, without regard to where you are physically located at the time of transmission. Therefore, you agree that your use of the IOCŪ Service may result in interstate data transmissions.
13) Use and Storage Practices
You acknowledge and agree that IOCŪ may establish practices and limits concerning use of the IOCŪ Service, including without limitation, the maximum number of days that messages, forum postings, opportunity postings, and other Content will be retained by the IOCŪ Service, the maximum number of times that you may access the IOCŪ Service in a given period of time, the maximum number of messages that you may send in a given period of time, and the maximum number of postings that you may make to the IOCŪ Service in a given period of time. In addition, IOCŪ reserves the right to suspend or delete accounts which have been inactive for an extended period of time. You agree that IOCŪ has absolutely no responsibility or liability to maintain any message, posting, communication, or other Content maintained or transmitted through or by the IOCŪ Service. You further agree that IOCŪ reserves the right to make modifications to these practices and limits in IOCŪs sole discretion and without notice.
14) IOCŪs Intellectual Property
IOCŪŪ, the IOCŪ logo, MoveUpSM, Building Companies, Careers, and RelationshipsSM, Redefining the way Businesses are BuiltSM, Business Gets Done HereSM, and other trademarks or servicemarks that appear on the site are the exclusive property of IOCŪ. The IOCŪ Service contains copyrighted material, servicemarks, trademarks, and other proprietary information of IOCŪ. You agree that IOCŪ owns and retains all proprietary rights in all intellectual property belonging to IOCŪ, including, but not limited to trademarks, servicemarks, copyrights, or otherwise. Without IOCŪs prior express written authorization, you shall not use any IOCŪ intellectual property, copyrighted material, trademark or servicemark. The IOCŪ Service and all software used in connection with the IOCŪ Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that you will not distribute, duplicate, copy, lease, rent, loan, sell, distribute, or create derivative works based on the IOCŪ Service or software, in whole or in part. You agree that you will not copy, adapt, emulate, or create derivitive works of any function, functionality, feature, web page, graphic, user interface, or any other component of the IOCŪ Service and IOCŪ web sites.
15) Interactions with Other Subscribers or Licensees
You are solely responsible for your interactions with other Members. You understand and acknowledge that IOCŪ does not in any way screen its Members, IOCŪ does not verify statements made by Members, IOCŪ does not inquire into the background of its Members, and IOCŪ makes absolutely no representations or warranties as to the conduct of Members or to the accuracy of Content posted to the IOCŪ Service by Members. You should thoroughly investigate the background and evaluate any statements made by any Member prior to entering into or considering any dealing or transaction, of any nature, with any Member.
16) Reliance on Content
You agree that under absolutely no circumstances will IOCŪ be liable or responsible for any actual or alleged loss or damage resulting from your reliance on information or Content on the IOCŪ Service, the IOCŪ.com domain and subdomains, any domain name or web site owned or operated by IOCŪ, or any information or communication that is transmitted to or from any Member. IOCŪ does not guarantee the accuracy, usefulness, completeness, or truthfulness of any information on the IOCŪ Service. Further, IOCŪ does not endorse, adopt, or accept any responsibility whatsoever for the accuracy, truthfulness, or reliability of any communication, posting, opinion, advice, or statement made by any party that appears on the IOCŪ Service.
17) No Duty to Monitor
IOCŪ acts as a passive conduit for the online distribution and publication of Content submitted by Members and is not responsible for screening or monitoring Content posted by Members. However, you agree that IOCŪ reserves the right to review any Content submitted to the IOCŪ Service and we may delete, modify, or move any Content at any time for any reason.
18) Subscriptions and Billing
You agree to pay IOCŪ all charges at the prices then in effect for any use of the IOCŪ Service by you or any other person (including your agents) using your account. You hereby agree to pay and authorize IOCŪ to charge your selected payment provider for the IOCŪ Service.
This Agreement will remain in full force and effect while you access or use the IOCŪ Service or any IOCŪ web site and/or are a Member. You may cancel your subscription or Subscribership at any time, for any reason, by sending IOCŪ notice of your termination to cancellations@IOCŪ.com. Such notice must include your Member-id, and a statement that you would like to cancel your Subscribership or subscription. IOCŪ reserves the right to validate your cancellation request by requiring you to confirm the request in writing, to respond to a confirmation e-mail, or to take any other action deemed necessary by IOCŪ to validate your request. If you cancel your subscription, you will be able to access the IOCŪ Service and your subscription will remain active until the end of your then-current subscription period. All charges are non-refundable and no pro-rated refunds of any kind will be issued. IOCŪ may terminate your Subscribership or subscription at any time for any reason by notifying you via e-mail or via a posting on the IOCŪ Service or any IOCŪ web site. If IOCŪ terminates your Subscribership or subscription because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of member accounts shall be made in the sole discretion of IOCŪ and IOCŪ is not required to provide notice prior to terminating your Subscribership or subscription, nor is IOCŪ required to provide you with a reason for such termination. This Agreement and the obligations, restrictions and limitations set forth herein shall survive the termination or cancellation of your Subscribership or subscription.
20) Copyrighted Materials
You may not in any way use the IOCŪ Service or any IOCŪ web site to post, distribute, or reproduce in any way any copyrighted material, trademark, or other proprietary information without having first obtained the prior written consent of the owner of such materials. If you believe that your work has been copied and posted to the IOCŪ Service in a manner that constitutes copyright infringement, please provide the following information to our designated copyright agent: a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; b) a description of the work that you claim has been infringed; c) a description of where the material that you claim is infringing is located on the IOCŪ Service; d) your name, address, telephone number, and e-mail address; e) a written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or applicable law; and f) a statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner. Notices to IOCŪs Copyright Agent must be sent to: IOCŪ, Inc. Attn: Copyright Agent, 4811 South 24th Street, Omaha, NE 68107-2704.
You agree to indemnify and hold IOCŪ and its subsidiaries, affiliates, directors, officers, agents, employees, licensors, and partners, harmless from any claim or demand, including reasonable attorneys fees made by any third party due to or arising out of your use of the IOCŪ Service, Content you submit, post, transmit, or otherwise make available through the IOCŪ Service, your violation of this Agreement, or your violation of any rights of another party.
22) No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
23) Disclaimer of Warranties
24) Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IOCŪ AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, GOODWILL, USE, DATA, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF IOCŪ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: a) THE USE OR THE INABILITY TO USE THE SERVICE; b) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA OR TRANMISSIONS; c) CONDUCT OR STATEMENTS OF ANY MEMBER OR THIRD PARTY ON THE IOCŪ SERVICE; d) THE COSTS OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY SERVICES, PRODUCTS, DATA, OR INFORMATION PURCHASED OR OBTAINED OR TRANSACTIONS OR MESSAGES ENTERED INTO, THROUGH, OR FROM THE SERVICE; or e) ANY OTHER MATTER RELATING TO THE SERVICE.
25) Links to Other Sites
The IOCŪ Service, or third parties, may provide links to other World Wide Web sites or resources. IOCŪ has no control over any such sites or resources. You acknowledge and agree that IOCŪ does not endorse and is not responsible or liable for any content, advertising, products, or other materials available on, through, or from such sites and resources or the accuracy thereof. In addition, IOCŪ has no control over the availability of such sites or resources. You acknowledge and agree that IOCŪ shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any such information, content, goods, services, or other materials available on or through any such site or resource. If you choose to access linked third party web sites, you do so at your own risk.
26) No Agency
No agency, partnership, employer-employee, franchiser-franchisee, or joint venture relationship is intended or created by this Agreement.
27) No Resale of Service
You may not reproduce, copy, duplicate, sell, resell, trade or exploit for any commercial purposes, use of the IOCŪ Service, any portion of the IOCŪ Service, or access to the IOCŪ Service.
28) Blocking of IP Addresses
In order to protect the integrity of the IOCŪ Service, IOCŪ reserves the right at any time in its sole and exclusive discretion to block certain IP addresses from accessing the IOCŪ Service or any portion of IOCŪs computer networks.
29) Unauthorized Users
It is possible that other IOCŪ Members or users (including unauthorized users) may potentially transmit offensive, malicious, or obscene materials on the IOCŪ Service and that you may be involuntarily exposed to such offensive, malicious, or obscene materials. Further, it is possible for other users to obtain personal information about you due to your use of the IOCŪ Service, and that such information may be used to harass or injure you. IOCŪ is not responsible for the use of any personal information that you provide on the IOCŪ Service. Be careful when selecting the type of information that you post on the IOCŪ Service or otherwise transmit to others.
30) Modifications to Service
IOCŪ reserves the right at any time to modify or discontinue, temporarily or permanently, the IOCŪ Service (or any part thereof) with or without notice. You agree that IOCŪ shall not be liable to you or any third party for any modification, suspension, or discontinuance of the IOCŪ Service.
31) Changes to this Agreement
IOCŪ may change this Agreement at any time by posting the updated Agreement on the IOCŪ web site. Your use of the IOCŪ Service or any IOCŪ web site after we post changes to this Agreement, shall constitute your acceptance of such changes.
32) International Use
At this time, the IOCŪ Service is designed and intended only for use in the United States by residents of the United States. We make no representation that any Content on any IOCŪ Site is appropriate or available for use in locations outside of the United States, and accessing any IOCŪ site from territories or locations where the Content of the IOCŪ sites or IOCŪ Service is illegal is prohibited. If you choose to access any IOCŪ site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all local laws.
33) Choice of Law and Jurisdiction
This Agreement and the relationship between you and IOCŪ shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and IOCŪ agree to submit to the personal and exclusive jurisdiction of the courts location within Douglas County, Nebraska.
Legal notices to IOCŪ shall be sent via registered mail or overnight courier to: IOCŪ, Inc. Attn: General Counsel, 4811 South 24th Street, Omaha, NE 68107-2704. Legal notices to you may be sent via the IOCŪ messaging system, e-mail, or postings on the IOCŪ Service. In the event a legal notice is sent to you via the IOCŪ messaging system or via a posting on the IOCŪ Service, such notice shall be deemed given effective immediately upon its posting.
35) Section Headings
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
36) Entire Agreement
This Agreement and any supplemental terms, policies, guidelines, and rules posted by IOCŪ to the IOCŪ.com web site, or any subdomain thereof, shall constitute the entire agreement between the parties and shall supersede all previous written or oral agreements. You may be subject to additional terms and conditions that may apply when you use or purchase certain other IOCŪ services.
37) No Waiver
IOCŪs failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
38) Severability of Terms
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and all other provision of this Agreement shall remain in full force and effect.
39) Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action against IOCŪ arising out of or relating to use of the IOCŪ Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.
Your IOCŪ account is non-transferable and any rights to your IOCŪ account or Content within your account may not be transferred, assigned or otherwise conveyed, by operation of law, estate, or otherwise, without the prior written consent of IOCŪ.
Please report any violations of this Agreement by contacting us.